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well, i did give the owner a idea of what i was expecting per hour, but after that he told me there were no benefits, and that everyone was a independant contractor. i am waiting for a call for a hire...if and when they call me i am going to ask what exactly thier term of independant contractor is, and let them know that i will need a higher hourly pay in order to work under that situation. when he asks what i want, i was thinking of asking what the other welder fabricators there are making. should i do that or just aim high?

Comment

Different states have different laws on what constitutes an independent contractor. Do a search and see what the legalities are.
NJ requires that you work independently for more than just that company.
State and Federal governments are cracking down on falsely represented independent contractors.
If you are welding for a company I would think, if something went wrong, you would be setting yourself up for a Major liability.
That said, I would ask for at least enough to cover liability insurance, health insurance, vacation, and Social Security/Medicare.
Kevin

Comment

yeah im afraid that since i allready threw out a number, before i was told it was a independent contractor position, i might be stuck. i dont want to look like a douche. how can i approach this? wait till they call, then ask for more info on what the company considers independant contractor. then explain that the number i threw out there was based on being a regular employee with benefits?

i really want this job.

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yeah im afraid that since i allready threw out a number, before i was told it was a independent contractor position, i might be stuck. i dont want to look like a douche. how can i approach this? wait till they call, then ask for more info on what the company considers independant contractor. then explain that the number i threw out there was based on being a regular employee with benefits?

i really want this job.

That's what I would do west, dont undercut yourself even if you really need the job, dont forget you have bills to pay as well.
good luck

Comment

My first thoughts are an "independant contractor" is basically someone who is in business for themselves. You supply everything & they pay for it through your fee, hourly or otherwise. If you hired a plumber, electrician, lawn service, etc. to work on your house that is an independant contractor. You need to add up what it costs you to run the business which is equipment, consumables, health ins., business ins., legal, accounting, taxes, etc. After you have covered all that you add on what you want to take home. That gives you what you should ask. Most small business owners are in the $70 to $100 range per hour.

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Quick and dirty rule of thumb is that you need to figure that your overhead burden is at least 30% of the total "package." Also you may need to ask some legal advice since as an "independent contractor" you may be personally liable for anything that goes wrong. You'll probably want liability insurance coverage. It may or may not help you to be incorporated as an LLC, depending on state regulations.

Comment

Florida’s Workers’ Compensation Act provides its own test and factors. A worker is an independent contractor if he or she meets four of the following factors:

1. Maintains a separate business with his or her own work facility, truck, equipment, materials or similar accommodations
2. Holds or has applied for a federal employer identification number (unless the independent contractor is a sole proprietor who isn’t required to have a federal employer ID number)
3. Compensation for services rendered or work performed is paid to a business rather than an individual
4. Holds one or more bank accounts in the name of the business entity
for purposes of paying business expenses
5. Performs work for customers other than the employer in question, and does so without completing an employment application or process
6. Receives compensation for work or services rendered on a competitive-bid basis, or does the work based on a contractual agreement (unless the contract expressly states that an employment relationship exists)

If that’s not enough

If four of those factors don’t exist, the workers’ comp statute still allows classification as an independent contractor, if the worker does one of the following:

1. Performs specific services or work for a specific amount of money and controls the means of performing the services or work
2. Incurs the principal expenses related to the service or work
3. Is responsible for the satisfactory completion of the work or services that he or she performs
4. Receives compensation for work or services performed only for a commission or on a per-job basis
5. May realize a profit or suffer a loss in connection with performing work or services
6. Has continuing or recurring business liabilities or obligations
7. Depends on making enough money to cover business expenses to determine whether the business is succeeding or failing

Contractual or tort liability

The question of whether a worker is an employee or an independent contractor affects more than just how the worker gets paid. It also affects the employer’s liability.

An employer’s liability under Florida contract and tort laws (including negligent acts that cause personal injury and liability for compensatory and punitive damages) is determined by extent to which the employer may be held liable for an employee’s actions within the course and scope of the employment. If the worker is an independent contractor, the employer isn’t liable.

To decide, Florida judges examine these factors:

1. The extent of the employer’s control over the details of the work
2. Whether the person employed is engaged in a distinct occupation or business
3. The kind of occupation involved, and whether the work is done under the direction of the employer or by a specialist without supervision
4. The skill required in the particular occupation
5. Whether the employer supplies the necessary tools, the place of work, and so forth
6. The length of time the person is employed
7. Whether the work is part of the employer’s regular business

On the other hand, if this determination is to be made instead by a jury, the standard jury instruction customarily given by the judge to the jurors is simpler:

"An independent contractor is a person engaged by another to perform specific work according to his own methods and whose method[s] of performing of work are not controlled by the person engaging him and are not subject to that person’s right of control.”